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State of Idaho v. Robert Earl Smith

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


December 21, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
ROBERT EARL SMITH,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Franklin County. Hon. Mitchell W. Brown, District Judge.

Per curiam.

2012 Unpublished Opinion No. 771

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of eight years, with two years determinate, for sexual abuse of a child under the age of sixteen years, affirmed.

Before GRATTON, Chief Judge; GUTIERREZ, Judge; and MELANSON, Judge

Robert Earl Smith pled guilty to sexual abuse of a child under the age of sixteen years. Idaho Code § 18-1506(1)(d). The district court sentenced Smith to a unified term of eight years, with two years determinate. Smith appeals.

Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant's entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Smith's judgment of conviction and sentence are affirmed.

20121221

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